Brett L. McClure

BIO

Brett focuses his practice on resolving the business disputes of his clients, from Fortune 500 companies to start-ups and high net worth individuals. He has served as lead or co-lead trial counsel representing plaintiffs and defendants in state and federal courts, as well as arbitration, across the nation and has been recognized for his success in litigation matters by The Legal 500.

Brett is skilled in providing insightful and pragmatic advice to avoid disputes and to resolve them if they ripen. He has litigated cases in an array of industries, including real estate, banking, business and consumer technology, entertainment, professional services, manufacturing and insurance industries. Brett’s recent experience covers a broad spectrum of practice areas including real estate disputes, environmental claims, consumer class actions, unfair competition, breach of contract, fraud, employment and trade secrets, personal injury / toxic torts and copyright and trademark disputes.

PRACTICE AREAS

Business Litigation
Financial Services
Real Estate Disputes

EDUCATION

University of Southern California, B.S., Business Administration, 1997

Santa Clara University, J.D. (Emery Law Scholar), 2000

ADMISSIONS

State Bar of California, 2000
US District Court, Central District of California
US District Court, Northern District of California
US District Court, Southern District of California
US District Court, Eastern District of California

Lead trial lawyer for celebrity client in recovery of vintage automobiles. Successfully located and recovered property and resolved claims.

Lead trial lawyer for global expert services consultancy defending claims for professional negligence and prosecuting claims for fees owed.

Lead trial lawyer for international distributor of patented environmental cleanup technology in breach of contract and fraud dispute.

Trial counsel in breach of contract and bad faith action against title insurer for failure to properly and diligently adjust almost multimillion dollar claim. Favorable settlement.

Defense of on-line travel retailers in a “bet-the-company” civil enforcement action brought by the California Attorney General claiming that the business was a pyramid scheme. Case was successfully resolved before trial with a settlement that allowed the company to continue doing business in California.

As trial counsel, successfully secured dismissals, in state and federal courts, in lawsuits over payment of an interest bearing note and substantial damages, including punitive damages, attorneys' fees, and elder abuse damages.

Trial counsel defending client in a breach of contract and fraud suit regarding the supply of liquid nitrogen and liquid oxygen for use in space testing.

Trial counsel defending manufacturing client against allegations of terminal injuries as a result of occupational exposure to cosmetics and ingredients.

Defense of a United States-based arms and missile manufacturer in a federal court lawsuit involving alleged unpaid commissions owed for the sale of surface-to-air missiles to foreign governments. Early and aggressive motion practice resulted in the dismissal of plaintiff’s claims.

Prosecuted claims of the bankruptcy trustee entertainment industry payroll processors and pursued claims against its officers and directors for mismanagement and breach of fiduciary duty. Successfully obtained settlements/judgments of tens of millions of dollars.

Real Estate/Environmental

Lead trial lawyer for national restaurant chain on breach of lease and fraud claims against landlord. Early and aggressive discovery and motion for summary adjudication led to settlement of all claims for initial demand.

Lead trial lawyer for buyer of residential property seeking to enforce purchase and sale agreement against defaulting seller. Prevailed on all claims and closed transaction on terms more favorable than original agreement.

Lead trial lawyer for residential and commercial real estate developer in multiple lawsuits claiming breach of contract and fraud.

Trial counsel for industry leading manufacturing clients in occupational toxic tort cases involving cosmetics, pesticides/herbicides, automotive and other consumer and industrial chemical products. In over 30 lawsuits in the past 15 years, has successfully obtained summary judgment or negotiated dismissals or de minimis settlements.

IP/Trade Secrets

Trial counsel for industry-leading telecommunications clients in arbitration before the International Chamber of Commerce. The case focused on a dispute over software license scope and payments, and interesting telecommunications technologies in growth markets (including China, Thailand and Brazil).

Trial counsel for German-based multi-national corporation in a federal court breach of contract and fraud case involving the development and marketing of proprietary chemical polymers, and allegations of unfair business practices and fraud.

Trial counsel for technology solutions provider to the health care industry in a breach of contract and fraud case arising out provision of IT products and services to a hospital. Successful early motion practice resulted in avoiding a $100 million damage claim and recovery of millions on counter-claims.

Defense of allegations of patent, trademark and copyright infringement, breach of contract and fraud against our client over the importation of spinal screws manufactured in France. Case was settled on favorable terms before trial.

Labor & Employment

Trial counsel defending complex employment claims, in state and federal court, arising from the departure of an executive.

Trial counsel for an entertainment company defending fundraising and employment claims from former executive. Case settled on very favorable terms on eve of trial.